Keith E. Smith | Wood Smith Henning & Berman In a decision of first impression, the California Court of Appeal in RND Contractors, Inc. v. WRSE (2025) 112 Cal.App.5th 697, clarified whether a co-defendant may oppose another defendant’s motion for summary judgment without having first filed a cross-complaint. The case arose from the collapse of a high school… Continue reading No Cross-Complaint Needed: Contractor Can Fight Co-Defendant’s Summary Judgment
Category: Construction Law
Contracting with Potential Litigation in Mind
Andrea Carone | Stoel Rives At the starry-eyed beginning of any construction project, future litigation is the last thing on anyone’s mind. But parties need not let optimism get in the way of including forward-thinking contractual terms. With some foresight, parties can achieve real savings and efficiencies in future litigation, and especially through limits on… Continue reading Contracting with Potential Litigation in Mind
You Should’ve Known: Colorado Holds Defendant May Have Pre-Litigation Duty to Preserve Evidence
Gus Sara | White and Williams In Terra Mgmt. Grp., LLC v. Keaten, 572 P.3d 126 (CO 2025), the Supreme Court of Colorado (Supreme Court) considered whether the trial court properly imposed sanctions on the defendants for failing to preserve evidence before the commencement of litigation. The trial court noted that the defendants, who owned and managed… Continue reading You Should’ve Known: Colorado Holds Defendant May Have Pre-Litigation Duty to Preserve Evidence
Artificial Intelligence in Arbitration: Evidentiary Issues and Prospects
Katrina Limond | Global Arbitration Review Introduction The artificial intelligence (AI) genie is out of the bottle. In November 2022, OpenAI released its AI chatbot, ChatGPT. As at June 2025, it has amassed over 122.6 million daily active users and processes more than 1 billion queries daily.[1] GPT, the large language model (LLM) developed by… Continue reading Artificial Intelligence in Arbitration: Evidentiary Issues and Prospects
Perspectives on Document Disclosure
Damián Vallejo and Marta González-Ruano | Global Arbitration Review Introduction Document disclosure is an area in which the divide between the civil law and common law systems is particularly pronounced. Although both systems share the principle of affirmanti incumbit probatio, common law jurisdictions enable parties in a dispute to have access to factual elements in possession… Continue reading Perspectives on Document Disclosure